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Alamul Yaqin
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Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161
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INDONESIA
Asian Journal of Law and Humanity
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 28095952     EISSN : 28283058     DOI : https://doi.org/10.28918/ajlh
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The articles focus specifically on Asian law and humanity issues, by scope of law and human right, law and womens right, law and human behaviour, labor law issues, law and violence against women-children, law and childrens right, law and gender issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Fulfillment of Constitutional Rights of People with Mental Disabilities in General Elections in the Batang Regency Pratama, Agung Barok; Umam, Muhammad Rizal
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.2

Abstract

Fulfillment of the political rights of persons with mental disabilities in Batang district receives serious attention because they face challenges in exercising their political rights. This includes the right to vote, to be involved in the political decision-making process and to participate actively in democratic life. The purpose of writing this thesis is to find out how the constitutional rights of persons with mental disabilities are fulfilled in general elections in Batang Regency and to find out why the fulfillment of the constitutional rights of persons with mental disabilities in general elections in Batang Regency has not been fulfilled. This research is an empirical juridical research using a qualitative approach and using primary legal materials in the form of data taken directly from the field and secondary data from relevant legal documents. The results of this study are that in the implementation of fulfilling the constitutional rights of persons with mental disabilities in general elections in Batang Regency there are still many obstacles in its implementation both from the governing regulations, law enforcement officials, and the community, therefore there are is still much to be evaluated and corrected so that fulfillment of the political rights of persons with mental disabilities can run well and smoothly.
Fulfillment of Constitutional Rights of Stunting Children in Pekalongan Regency Khasna, Syarifa; Nafisah, Sakilatun
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.3

Abstract

Children have right For live , grow and develop as befits humans in general with Fulfillment right Constitutional in children affected by stunting is not quite enough state/ government responsibility Because in accordance with Contents the mandate stated in Article 28B paragraph 2 of the 1945 Constitution of the Republic of Indonesia. Fulfillment right constitutional in children Stunting in society Subdistrict Palm Regency Pekalongan . Research objectives This is For know How fulfillment right constitutional in children Stunting in society Subdistrict Palm Regency Pekalongan and how consequence law fulfillment right constitutional in children Stunting in society Subdistrict Palm Regency Pekalongan . Research This use method study juridical empirical with review and analyze implementation law in society about fulfillment right constitutional Stunting and consequence the law . Research results This show that Fulfillment of Constitutional Rights of Stunting Children in Society Subdistrict Palm Regency Pekalongan in accordance with implementation Constitution Number 23 of 2002 concerning Child Protection Article 4 States that every child entitled For can live , grow , develop and participate in a way reasonable in accordance with dignity and honor humanity , as well as get protection , law Number 36 of 2009 concerning Health in Article 132 States that every child entitled to obtain service health base in accordance with need medically , not yet fulfilled , because right child constitutional in the form of the Right to live , grow , develop as well as right to obtain health , that in the Sub-district Community palm tree found Still There is significant stunting data in the Sub-district Community palm tree Regency Pekalongan . Based on the Stunting program in the District palm tree Stunting phenomenon has not fully fulfilled in matter education Because government village only one or two who want cooperate with Health Center Sugar palm.
Fulfillment of Children's Constitutional Rights within the Framework of a Child-Friendly City (CFC) in Pekalongan Kamalludin, Iqbal; Wibowo, Mohamad Agung
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.4

Abstract

Pekalongan Regency is one of the regions that has held the title of child-friendly City in the Central Java Province region since 2015, the primary criteria for which this award was directly given by the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia in Semarang, after carrying out an intensive assessment in 2014 In 2021, Pekalongan Regency succeeded in winning the Child Friendly City (CFC) award again with intermediate criteria and won the Parahita Ekapraya Award (APE) five times. Pekalongan Regency has received the Child Friendly City (CFC) awards with average criteria from 2015, 2017, 2018, 2019, 2021, 2022 and 2023. However, the high number of children's rights that have not been fulfilled, stunting, children not in school (ATS), Ownership of children's birth certificates in Pekalongan Regency is still said to be quite high. This research uses empirical juridical research using a qualitative approach. The data obtained are primary data and secondary data. Meanwhile, data collection techniques emphasize observation, interviews and documentation. The results of this research have not been implemented well because it has not run ideally and not all related fields or departments can be equal in terms of fulfilling children's rights. Several departments that carried out research included the Education Service, Health Service, Population and Civil Registration Service, Women's Empowerment and Child Protection Service and the Regional Development Planning Agency. In this case, the fulfillment of children's constitutional rights within the Child Friendly Regency (CFC) framework in the Regency Pekalongan can run ideally if the three elements of the Welfare State theory are fulfilled.
Fulfillment of the Constitutional Rights of Fisherwomen in Obtaining Fisheries and Marine Business Actor Cards Sofiani, Trianah; Astuti, Fitria Widya
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.5

Abstract

This research discusses the fulfillment of the constitutional rights of female fishermen in obtaining a fisheries and maritime business card (KUSUKA). Despite Law Number 7 of 2016 regarding the Protection and Empowerment of Women, Fish Cultivators and Salt Farmers, there are still many female fishermen who have not yet made KUSUKA Cards and have the impact of note getting access to social services and safety guarantees when fishing for their rights. This research aims to analyze the reasons for not fulfilling the constitutional law rights of female fishermen. This research uses a qualitative approach with data obtained through interviews with village officials, female fishermen, and direct observation. The results of the research shows that the constitutional rights of female fishermen have not been fulfilled due to the lack of regulations that specifically regulate female fishermen to make it easier to obtain a KUSUKA Card. The legal consequences that fisherwomen get after the regulations regarding Fisheries and Maritime Business Actor Cards (KUSUKA) are issued are that fisherwoman are currently note guaranteed their right to receive risk insurance, social security or fishermen's insurance as well as assistance from the government because they don't yet have a KUSUKA Card as a fisherman's identity.
Farmers' Constitutional Rights and Subsidized Fertilizer: How is the State Responsible? Yuwono, Nurbaity Prastyananda; Munajad, Dias Said
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.6

Abstract

Fertilizers play an essential role in increasing agricultural productivity, and Indonesia has implemented a subsidized fertilizer policy since the 1970s to alleviate the burden on farmers and provide fertilizers at affordable prices. However, farmers often face scarcity and difficulties in obtaining subsidized fertilizers, despite their constitutional rights being stipulated in the Minister of Trade Regulation Number 15/MDAG/PER/4/2013 regarding the procurement and distribution of subsidized fertilizers. This research uses an empirical legal method, with primary data obtained through interviews with farmers in Sokoduwet Village, Pekalongan, and secondary data sourced from related documents and literature. Data collection techniques include observation, interviews, and documentation. The study aims to assess the fulfillment of farmers' constitutional rights in obtaining subsidized fertilizers and to understand the legal consequences of fulfilling these rights. The findings indicate that farmers' constitutional rights in Sokoduwet Village have been fairly fulfilled, as subsidized fertilizers help reduce their burden and production costs. However, issues of fertilizer scarcity persist during planting periods, necessitating improvements from distributors and the government to ensure a smoother distribution process. Existing regulations and government decrees have provided farmers with guaranteed rights, including easier access through Farmer Cards and Farmer Identification.
Rejection of Criminal Sanctions on Perpetrators of Domestic Rape (Gender Activist Perspective) Rahmawati, Rita; Umam, Misbahul Fuadil
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.1

Abstract

This study aims to analyze the views of gender activists on the MUI Fatwa Number 02/MUNAS-IX/MUI/2015 on the rejection of criminal sanctions for perpetrators of domestic rape and to find out the legal arguments of the informants related to this fatwa . Domestic sexual violence is an important issue and is often ignored in society. This study uses a field research method with an interactive qualitative approach using primary data sources obtained by interview techniques with informants, namely activists of the UIN KH Abdurrahman Wahid Pekalongan gerder, and secondary data in the form of literature from research books obtained by documentation techniques. The data was analyzed using interactive model qualitative data analysis techniques.The results of the study concluded that gender activists' views vary regarding the fatwa. Several activists have different views on this fatwa. However, all of them reject the fatwa on sexual coercion in the household as not sexual violence because it is considered not to support protection for victims and strengthens patriarchal norms. Arguments from gender activists refer to the Domestic Violence Law which categorizes domestic rape as sexual violence . This study suggests that the fatwa be reviewed and accompanied by case studies to increase public understanding and acceptance and provide appropriate legal solutions for perpetrators of domestic rape.
Keadilan dan Etika dalam Kebijakan Pertambangan: Inkonsistensi Hukum Pemberian Konsesi Tambang pada Ormas Keagamaan Noor, Muhammad
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.1

Abstract

Mining concession policies in Indonesia face serious challenges due to inconsistent norms, which are now complicated by profound ethical dimensions. This study analyses the vertical inconsistency between Government Regulation No. 25 of 2024, which prioritises mining concessions for religious organisations, and Law No. 3 of 2020, which limits such rights to state-owned enterprises, regional-owned enterprises, and private enterprises. Using normative legal research methods, the results of the study show that Article 83A paragraph (1) of PP No. 25 of 2024 adds a new norm that substantially contradicts the above law. More than just a legal issue, this policy raises crucial ethical questions. From an ethical perspective, granting this permit creates a conflict of interest for organisations that have historically played a role as moral and social guardians. The potential for abuse of authority and corruption also increases, undermining the principle of transparency. Furthermore, there are ethical concerns regarding the capacity and readiness of CSOs to manage extractive industries that pose high risks to the environment and society. Therefore, legal harmonisation is needed that not only guarantees certainty and justice, but also considers the broader ethical implications in order to prevent adverse social and environmental impacts.
Politik Hukum Pengakuan Hak Masyarakat Adat dalam Rancangan Undang-Undang Masyarakat Hukum Adat Krismawati, Wulan; Fareeha, Ardeli Zena El
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.2

Abstract

This paper aims to examine the legal construction of recognition for indigenous legal communities (MHA) in the Draft Law on Indigenous Peoples (RUU MHA) and analyze it within the context of Indonesia’s legal politics. Indigenous communities are a vital part of national diversity whose existence is acknowledged in Article 18B paragraph (2) of the 1945 Constitution. However, such recognition remains conditional and has yet to be effectively implemented. This research employs a normative legal method with statutory, historical, and conceptual approaches. The findings reveal that the RUU MHA offers a more comprehensive legal framework to secure the recognition of indigenous rights, including communal land, customary institutions, and freedom of belief. However, political challenges and overlapping regulations hinder its realization. In terms of legal politics, recognition of MHA is not yet a legislative priority, as seen in the delayed enactment of the bill since its inclusion in the 2012 National Legislation Program. Therefore, strong political will and legal reform are required to ensure that indigenous communities are fully recognized and protected. The RUU MHA is expected to become a legal instrument that fosters social justice and safeguards the rights of indigenous peoples in Indonesia.
The Vote of the Big Man in Papua's Noken System: Indigenous Justice and Human Dignity Nabila, Balgis; Luluardi, Yunas Derta
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.3

Abstract

The Noken system in Papua has generated significant debate regarding the balance between electoral democratic principles and Indigenous political traditions. Within this system, the Big Man holds a central position as the decision-maker for collective votes through structured community deliberation. Although frequently viewed as conflicting with the principle of “one person, one vote,” this practice represents an Indigenous conception of justice based on communal consensus and respect for leaders with strong moral legitimacy. This study aims to examine the role of the Big Man in the Noken system, its contribution to the protection of human dignity, and its relevance within Indonesia’s legal and democratic framework. Using a qualitative approach supported by literature review and analysis of Constitutional Court decisions, the research identifies that the legitimacy of the Big Man rests on a consistent record of service, the capacity to maintain social harmony, and customary authority recognized by the community. Findings indicate that the Noken system functions as a valid expression of cultural democracy when implemented in a participatory, transparent manner and when it accommodates individuals who choose to vote independently. This research offers a unique contribution by demonstrating the compatibility of Indigenous political mechanisms with human rights principles and by providing insights for strengthening electoral governance in Indigenous regions.
Konstitusionalitas Perlindungan Hukum bagi Orang dengan Gangguan Jiwa di Indonesia Hafid Ma’ruf Haqiqi, Hafid Ma’ruf Haqiqi
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.4

Abstract

Human rights apply to every individual regardless of condition, including people with mental disorders (ODGJ) who hold equal status before the law (equality before the law). However, observations in Pekalongan City show that many ODGJ remain neglected on the streets without adequate protection from responsible parties. As Indonesian citizens, they are entitled to access medical treatment and a decent standard of living. This study aims to analyze legal protection for the constitutional rights of ODGJ and to identify the factors influencing such protection. The research employs an empirical legal approach combined with statutory and qualitative approaches. Data were collected through interviews, observation, and documentation, then analyzed using an interactive model. The findings reveal that legal protection for ODGJ by the Pekalongan City Government consists of two forms: preventive (prevention) and repressive (law enforcement). Although these efforts are implemented, their execution remains suboptimal and still faces shortcomings. The factors influencing the protection of ODGJ’s constitutional rights, based on Lawrence M. Friedman’s legal system theory, include legal substance (regulations that are not fully clear and applicable), legal structure (limited implementing institutions), and legal culture (stigmas and low public awareness regarding the rights of ODGJ).

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